Denied
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TAW-50778  /  Great Northern Bark Company (Libby, MT)

Petitioner Type: Company
Impact Date:
Filed Date: 02/04/2003
Most Recent Update: 04/23/2003
Determination Date: 04/23/2003
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,778

GREAT NORTHERN BARK COMPANY
LIBBY, MONTANA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on February 4, 2003, in
response to a petition filed by a company official on behalf of
workers of Great Northern Bark Company, Libby, Montana. The
workers produce decorative landscaping bark.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a downstream producer for a firm that has
increased imports from Canada or Mexico or shifted production to
Canada or Mexico. The investigation revealed, however, that was
not the case.
The subject firm is not a downstream producer of products
that are manufactured by a primary firm. The primary firm cited
by the petitioners is a plywood producer and incidentally
supplies by-product bark to the subject firm to use in the
manufacture of decorative landscaping bark.

Conclusion
After careful review, I determine that all workers covered
by this petition of Great Northern Bark Company, Libby, Montana
do not qualify as adversely affected secondary workers and are
denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 23rd day of April 2003.

/s/Richard Church
__
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance